HOUSE BILL 22-1390
BY REPRESENTATIVE(S) McCluskie and McLachlan, Amabile, Bacon,
Bernett, Bird, Boesenecker, Caraveo, Cutter, Daugherty, Duran, Esgar,
Exum, Froelich, Gonzales-Gutierrez, Herod, Hooton, Jodeh, Kipp, Lindsay,
Lontine, McCormick, Michaelson Jenet, Mullica, Ortiz, Ricks, Roberts,
Sirota, Snyder, Titone, Valdez A., Valdez D., Weissman, Young, Garnett,
Kennedy;
also SENATOR(S) Zenzinger and Lundeen, Bridges, Buckner, Coleman,
Cooke, Donovan, Fields, Gardner, Ginal, Gonzales, Hansen, Hinrichsen,
Hisey, Holbert, Jaquez Lewis, Kirkmeyer, Lee, Liston, Moreno, Pettersen,
Scott, Simpson, Sonnenberg, Story, Winter, Woodward, Fenberg
.
C
ONCERNING THE FINANCING OF PUBLIC SCHOOLS , AND, IN CONNECTION
THEREWITH
, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) The annual total program funding of Colorado's schools is a
collaborative effort between school districts and the state;
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (b) In recent years, the stabilization of the state budget has required
a reduction in the amount of the annual appropriation to fund the state's
share of total program funding for all school districts and institute charter
schools. This reduction is commonly referred to as the "budget stabilization
factor".
(c) The school districts' share of total program funding is primarily
derived from nonresidential and residential property tax revenue. Colorado's
current economic conditions, which are driving significant increases in
property values, are generally increasing the school districts' share of total
program funding and consequently decreasing the state's share of total
program funding.
(d) The current economic conditions have also increased the amount
of revenue available to the state for the 2022-23 budget year, allowing the
state to significantly increase the amount of appropriation for the state's
share of total program funding for school districts and institute charter
schools, thereby mitigating the impact of the budget stabilization factor; and
(e) There is, however, a great deal of uncertainty concerning the
continuity and longevity of these current economic conditions and whether
high property values and increased revenue will continue.
(2) Therefore, the general assembly declares that it is committed to
continuing the efforts to reduce the budget stabilization factor in subsequent
budget years to the degree possible, subject to the continuing high levels of
property values and changing economic conditions.
SECTION 2. In Colorado Revised Statutes, 22-54-104, add
(5)(a)(XXIX) and (5)(g)(I)(M) as follows:
22-54-104. District total program - definitions. (5) For purposes
of the formulas used in this section:
(a) (XXIX) F
OR THE 2022-23 BUDGET YEAR, THE STATEWIDE BASE
PER PUPIL FUNDING IS
$7,478.16, WHICH IS AN AMOUNT EQUAL TO $7,225.28,
SUPPLEMENTED BY $252.88 TO ACCOUNT FOR INFLATION.
(g) (I) For the 2010-11 budget year and each budget year thereafter,
the general assembly determines that stabilization of the state budget
PAGE 2-HOUSE BILL 22-1390 requires a reduction in the amount of the annual appropriation to fund the
state's share of total program funding for all districts and the funding for
institute charter schools. The department of education shall implement the
reduction in total program funding through the application of a budget
stabilization factor as provided in this subsection (5)(g)(I). For the 2010-11
budget year and each budget year thereafter, the department of education
and the staff of the legislative council shall determine, based on budget
projections, the amount of such reduction to ensure the following:
(M) T
HAT, FOR THE 2022-23 BUDGET YEAR, THE SUM OF THE TOTAL
PROGRAM FUNDING FOR ALL DISTRICTS
, INCLUDING THE FUNDING FOR
INSTITUTE CHARTER SCHOOLS
, AFTER APPLICATION OF THE BUDGET
STABILIZATION FACTOR
, IS NOT LESS THAN EIGHT BILLION FOUR HUNDRED
TWENTY
-TWO MILLION TWO HUNDRED SIXTEEN THOUSAND ONE HUNDRED
FIFTY
-NINE DOLLARS ($8,422,216,159); EXCEPT THAT THE DEPARTMENT OF
EDUCATION AND THE STAFF OF THE LEGISLATIVE COUNCIL SHALL MAKE
MID
-YEAR REVISIONS TO REPLACE PROJECTIONS WITH ACTUAL FIGURES ,
INCLUDING BUT NOT LIMITED TO ACTUAL PUPIL ENROLLMENT , ASSESSED
VALUATIONS
, AND SPECIFIC OWNERSHIP TAX REVENUE FROM THE PRIOR
YEAR
, TO DETERMINE ANY NECESSARY CHANGES IN THE AMOUNT OF THE
REDUCTION TO MAINTAIN A TOTAL PROGRAM FUNDING AMOUNT FOR THE
APPLICABLE BUDGET YEAR THAT IS CONSISTENT WITH THIS SUBSECTION
(5)(g)(I)(M). FOR THE 2023-24 BUDGET YEAR, THE DIFFERENCE BETWEEN
CALCULATED STATEWIDE TOTAL PROGRAM FUNDING AND ACTUAL
STATEWIDE TOTAL PROGRAM FUNDING MUST NOT EXCEED THE DIFFERENCE
BETWEEN CALCULATED STATEWIDE TOTAL PROGRAM FUNDING AND ACTUAL
STATEWIDE TOTAL PROGRAM FUNDING FOR THE
2022-23 BUDGET YEAR.
SECTION 3. In Colorado Revised Statutes, 22-1-133, add (6) as
follows:
22-1-133. Prohibition on use of American Indian mascots -
exemptions - definitions. (6) (a) N
OTWITHSTANDING THE PROVISIONS OF
THIS SECTION TO THE CONTRARY
, A PUBLIC SCHOOL IN THE STATE IS
PROHIBITED FROM USING AN
AMERICAN INDIAN MASCOT ONE YEAR AFTER
NOTIFICATION BY THE COMMISSION
, IN COORDINATION WITH THE
DEPARTMENT OF EDUCATION
, IF:
(I)
THE PUBLIC SCHOOL WAS IN EXISTENCE AND USING AN AMERICAN
INDIAN MASCOT AS OF JUNE 28, 2021;
PAGE 3-HOUSE BILL 22-1390 (II) THE PUBLIC SCHOOL DOES NOT MEET THE CRITERIA FOR AN
EXEMPTION AS OUTLINED IN SUBSECTION
(2)(b) OF THIS SECTION;
(III) T
HE PUBLIC SCHOOL WAS NOT IDENTIFIED PURSUANT TO
SUBSECTION
(4)(a) OF THIS SECTION; AND
(IV) THE SCHOOL DISTRICT OF THE PUBLIC SCHOOL OR, IN THE CASE
OF AN INSTITUTE CHARTER SCHOOL
, THE STATE CHARTER SCHOOL INSTITUTE
IS FIRST NOTIFIED ON OR AFTER
MAY 1, 2022, BY THE COMMISSION, IN
COORDINATION WITH THE DEPARTMENT OF EDUCATION
, THAT IT IS USING AN
AMERICAN INDIAN MASCOT IN VIOLATION OF SUBSECTION (2) OF THIS
SECTION
.
(b) W
HEN A PUBLIC SCHOOL DESCRIBED PURSUANT TO SUBSECTION
(6)(a) OF THIS SECTION DISCONTINUES ITS USE OF AN AMERICAN INDIAN
MASCOT PRIOR TO THE ONE
-YEAR DEADLINE AFTER NOTIFICATION BY THE
COMMISSION
, IN COORDINATION WITH THE DEPARTMENT OF EDUCATION , THE
PUBLIC SCHOOL SHALL NOTIFY ITS SCHOOL DISTRICT OR
, IN THE CASE OF AN
INSTITUTE CHARTER SCHOOL
, THE STATE CHARTER SCHOOL INSTITUTE, THE
COMMISSION
, AND THE DEPARTMENT OF EDUCATION , OF THE
DISCONTINUATION
.
(c) F
OR EACH MONTH DURING WHICH A PUBLIC SCHOOL DESCRIBED
PURSUANT TO SUBSECTION
(6)(a) OF THIS SECTION USES AN AMERICAN
INDIAN MASCOT AFTER THE ONE -YEAR DEADLINE AFTER NOTIFICATION BY
THE COMMISSION
, IN COORDINATION WITH THE DEPARTMENT OF EDUCATION ,
THE SCHOOL DISTRICT OF THE PUBLIC SCHOOL OR , IN THE CASE OF AN
INSTITUTE CHARTER SCHOOL
, THE STATE CHARTER SCHOOL INSTITUTE ,
SHALL PAY A FINE OF TWENTY -FIVE THOUSAND DOLLARS TO THE STATE
TREASURER
, WHO SHALL CREDIT THE MONEY RECEIVED TO THE STATE
EDUCATION FUND CREATED IN SECTION
17 (4) OF ARTICLE IX OF THE STATE
CONSTITUTION
.
SECTION 4. In Colorado Revised Statutes, 22-5-111, amend (4)
as follows:
22-5-111. Buildings a nd facilities - repeal.
(4) (a) Notwithstanding any provision of this article 5 to the contrary,
during the 2021-22 state fiscal year
FROM JULY 1, 2021, THROUGH
DECEMBER 31, 2022, before authorizing a full-time school or an additional
PAGE 4-HOUSE BILL 22-1390 location of an existing school that is physically located within the
geographic boundaries of a school district that is not a member of the board
of cooperative services, a board of cooperative services must obtain written
consent from such school district.
(b) The requirement for written consent set forth in subsection (4)(a)
of this section does not apply to a school authorized or operating prior to
June 11, 2021, so long as the school continues to operate for the 2021-22
school year THROUGH DECEMBER 31, 2022.
(c) This subsection (4) is repealed, effective July 1, 2022 2023.
SECTION 5. In Colorado Revised Statutes, 22-7-1210.5, amend
(6)(b)(II) as follows:
22-7-1210.5. Per-pupil intervention money - uses - distribution
- monitoring - repeal. (6) (b) (II) (A) Notwithstanding the provisions of
subsection (6)(b)(I) of this section, a local education provider may retain
more than fifteen percent of the amount of per-pupil intervention money
received in the 2020-21 budget year
AND 2021-22 BUDGET YEARS for use in
accordance with this section in the 2021-22
AND 2022-23 budget yearYEARS, RESPECTIVELY.
(B) This subsection (6)(b)(II) is repealed, effective July 1, 2022
2023.
SECTION 6. In Colorado Revised Statutes, 22-11-703, amend
(5)(b) as follows:
22-11-703. Local accountability system - grant program
established - repeal. (5) (b) (I) The amount of a grant awarded pursuant
to this section must be at least twenty-five thousand dollars per budget year
but must not exceed fifty thousand dollars per budget year for a grant
awarded to a single local education provider and must not exceed
seventy-five thousand dollars per budget year for a grant awarded to a group
of local education providers. The department shall distribute the amount of
each grant over three budget years.
(II) (A) N
OTWITHSTANDING ANY PROVISIONS OF SUBSECTION
(5)(b)(I) OF THIS SECTION TO THE CONTRARY , AS A RESULT OF THE
PAGE 5-HOUSE BILL 22-1390 SUSPENSION OF FUNDING FOR THE LOCAL ACCOUNTABILITY SYSTEM GRANT
PROGRAM DURING THE
2020-21 BUDGET YEAR, THE 2020-21 BUDGET YEAR
IS NOT INCLUDED IN DETERMINING THE THREE BUDGET YEARS FOR GRANT
DISTRIBUTION
.
(B) T
HIS SUBSECTION (5)(b)(II) IS REPEALED, EFFECTIVE JULY 1,
2024.
SECTION 7. In Colorado Revised Statutes, 22-11-705, amend
(5)(a) as follows:
22-11-705. Local accountability systems - report. (5) (a) (I) In the
third year of the grant program, the department shall contract with an
external evaluator, which may be a state institution of higher education, to
prepare a summary evaluation report of the implementation of the local
accountability systems that receive grants. The evaluation must, at a
minimum, include an evaluation of the success of each local accountability
system in evaluating student success and the processes for ensuring a cycle
of continuous improvement within the public schools of the participating
local education providers. At the annual meeting held pursuant to
subsection (1) of this section at the end of the first year of the grant
program, the department, participating local education providers, and the
accountability system partners shall identify the goals, tools, and measures
to be addressed by the summary evaluation report. The data used for the
summary evaluation report must include qualitative and quantitative
measures.
(II) N
OTWITHSTANDING THE PROVISIONS OF SUBSECTION (5)(a)(I) OF
THIS SECTION TO THE CONTRARY
, AS A RESULT OF THE SUSPENSION OF
FUNDING FOR THE LOCAL ACCOUNTABILITY SYSTEM GRANT PROGRAM
DURING THE
2020-21 BUDGET YEAR, THE 2020-21 BUDGET YEAR IS NOT
CONSIDERED A GRANT PROGRAM YEAR FOR PURPOSES OF DETERMINING THE
THIRD YEAR OF THE GRANT PROGRAM
.
SECTION 8. In Colorado Revised Statutes, 22-20.5-104, amend
(3), (4), and (5) as follows:
22-20.5-104. Pilot program - dyslexia markers - effective
interventions - created - evaluation report - repeal. (3) At the end of the
2021-22 2022-23 school year, the department shall evaluate the
PAGE 6-HOUSE BILL 22-1390 implementation of the pilot program and the effectiveness of the strategies
in identifying and supporting more students in the participating local
education providers than were identified and supported in nonparticipating
local education providers. Based on the evaluation, the department shall
refine the resources for technical support, identification, and interventions,
as necessary, and disseminate the resources to all local education providers
in the state. Upon request, the department shall also provide the technical
support necessary to effectively use the resources.
(4) On or before December 31, 2022
2023, the department shall
submit to the state board of education and the education committees of the
senate and the house of representatives, or any successor committees, a
report concerning the implementation and evaluation of the pilot program.
The department may include in the report any recommendations for
legislation that the department deems necessary based on the evaluation of
the pilot program.
(5) This section is repealed, effective July 1, 2023
2024.
SECTION 9. In Colorado Revised Statutes, 22-36-101, amend
(2)(a) as follows:
22-36-101. Choice of programs and schools within school
districts. (2) (a) Every school district shall adopt such policies and
procedures as are reasonable and necessary to implement the provisions of
subsection (1) of this section, including, but not limited to, timelines for
application to and acceptance in any program or school which
THAT may
provide for enrollment of the student on or before the pupil enrollment
count day, and, while adopting policies and procedures, the school district
shall consider adopting a policy establishing that an applicant with a
proficiency rating of unsatisfactory in one or more academic areas who
attends a public school that is required to implement a turnaround plan
pursuant to section 22-11-406 or that is subject to restructuring pursuant to
section 22-11-210 shall have priority over any other applicant for
enrollment purposes. I
F A SCHOOL DISTRICT PERMITS A STUDENT WHOSE
PARENT OR GUARDIAN IS A RESIDENT OF THE STATE BUT NOT A RESIDENT OF
THE DISTRICT TO ATTEND SCHOOL IN THE DISTRICT
, THE SCHOOL DISTRICT
SHALL NOT REQUIRE THE PARENT
, GUARDIAN, OR STUDENT TO PAY TUITION
TO ATTEND SCHOOL IN THE DISTRICT
, REGARDLESS OF WHEN DURING THE
SCHOOL YEAR
, OR UNDER WHAT CIRCUMSTANCES , THE STUDENT ENROLLS IN
PAGE 7-HOUSE BILL 22-1390 OR ATTENDS SCHOOL IN THE DISTRICT.
SECTION 10. In Colorado Revised Statutes, 22-54-117, add
(1)(a)(IX) as follows:
22-54-117. Contingency reserve - fund - repeal. (1) (a) For the
2007-08 fiscal year and fiscal years thereafter, the general assembly shall
annually determine the amount to appropriate to the contingency reserve
fund, which is hereby created in the state treasury. In deciding the amount
to appropriate to the contingency reserve fund, the general assembly may
take into consideration any recommendations made by the department of
education, but nothing in this section obligates the general assembly to
provide supplemental assistance to all districts that are found to be in need
or to fully fund the total amount of such need. The state board may approve
and order payments from the contingency reserve fund for supplemental
assistance to districts determined to be in need as the result of any or all of
the following circumstances:
(IX) (A) F
OR THE 2021-22, 2022-23, AND 2023-24 BUDGET YEARS,
UNUSUAL FINANCIAL BURDEN CAUSED BY THE WITHHOLDING OF LOCAL
PROPERTY TAXES PURSUANT TO SECTION
29-1-606 (5) FOR A RURAL OR
SMALL RURAL SCHOOL DISTRICT
, AS DEFINED IN SECTION 22-7-1211 (4),
BECAUSE OF A DELAY IN FILING THE AUDIT REPORT DUE TO EXTRAORDINARY
PROBLEMS THAT COULD NOT HAVE BEEN REASONABLY FORESEEN OR
PREVENTED BY THE RURAL OR SMALL RURAL SCHOOL DISTRICT
.
(B) T
HIS SUBSECTION (1)(a)(IX) IS REPEALED, EFFECTIVE JULY 1,
2026.
SECTION 11. In Colorado Revised Statutes, 22-54-119, add (4) as
follows:
22-54-119. General provisions. (4) T
HE DEPARTMENT OF
EDUCATION SHALL ISSUE A SEPARATE SCHOOL CODE TO THE FOLLOWING
PROGRAMS
:
(a) T
HE APEX HOMESCHOOL PROGRAM IN ST. VRAIN VALLEY
SCHOOL DISTRICT
RE-1J;
(b) T
HE OPTIONS SCHOOL IN AURORA PUBLIC SCHOOLS; AND
PAGE 8-HOUSE BILL 22-1390 (c) ANY SIMILAR STUDENT ENRICHMENT PROGRAM APPROVED FOR A
NEW CODE BY THE DEPARTMENT OF EDUCATION ON OR AFTER
MAY 21, 2022.
SECTION 12. In Colorado Revised Statutes, 22-60.3-204, amend
(1)(b) as follows:
22-60.3-204. Program eligibility - financial assistance - funding.
(1) (b) As a condition of receiving financial assistance through the
program, an applicant must agree to teach for a period of three years in a
rural or small rural school district
OR IN AN EDUCATOR SHORTAGE AREA , AS
DETERMINED BY THE STATE BOARD OF EDUCATION
. If an applicant does not
fulfill the service condition of the program, the applicant shall repay the
awarded financial assistance to the department in accordance with the rules
promulgated by the state board.
SECTION 13. In Colorado Revised Statutes, 22-94-102, amend
(2)(f) as follows:
22-94-102. Contract to create quality teacher recruitment
program. (2) In awarding a contract pursuant to subsection (1) of this
section, the department shall take into consideration the number of districts
in which the vendor will place licensed teachers, the number of licensed
teachers that the vendor will place, and the potential number of children
who will be taught by the licensed teachers. The department shall ensure
that it awards the contract to one or more vendors that satisfy the following
criteria:
(f) The vendor commits to matching no less than one hundred
percent of any moneys
MONEY that the department pays through a contract
entered into pursuant to subsection (1) of this section. A vendor that
responds to the department's solicitation for a contract issued pursuant to
subsection (1) of this section shall provide written documentation from one
or more private or corporate donors,
OR ONE OR MORE SCHOOL DISTRICTS OR
OTHER LOCAL GOVERNMENTS
, that pledge to make gifts, grants, ordonations, OR OTHER PLEDGES OF MONEY , WHICH MAY INCLUDE IMPACT
INCOME
, SUCCESS PAYMENTS, AND SPONSORSHIP AND EVENT INCOME , BUT
SHALL NOT INCLUDE MONEY RECEIVED FROM PROGRAM PARTICIPANTS
, to the
vendor that, in total, equal at least the amount that the department has
specified will be available for the purposes of a contract pursuant to
subsection (1) of this section for the applicable fiscal year. The written
PAGE 9-HOUSE BILL 22-1390 documentation must also include the date by which the vendor will receive
the gifts, grants, or donations, OR OTHER MONEY to be used in furtherance
of the requirements of this article ARTICLE 94.
SECTION 14. In Colorado Revised Statutes, 22-100-102, amend
(5)(b) as follows:
22-100-102. Local school food purchasing program - creation -
report - rules - repeal. (5) (b) The department is authorized to monitor the
school food purchasing program to ensure program integrity. and to
annually reallocate money among participating providers to maximize the
amount of the money given.
SECTION 15. In Colorado Revised Statutes, 22-102-103, amend
(4), (7), and (8) as follows:
22-102-103. Definitions. As used in this article 102, unless the
context otherwise requires:
(4) "School counselor" means a counselor holding a master's degree
in educational counseling and a professional special services license in
Colorado PERSON WITH A TEMPORARY EDUCATOR ELIGIBILITY
AUTHORIZATION ISSUED PURSUANT TO SECTION
22-60.5-111 (5) WHO IS
WORKING TO ATTAIN A SPECIAL SERVICES PROVIDER LICENSE FOR SCHOOL
COUNSELING
, OR A LICENSE ISSUED PURSUANT TO ARTICLE 60.5 OF THIS
TITLE
22 with an endorsement in school counseling, including but not
limited to the completion of course work in the areas of academic and
social-emotional development; assessment for social and emotional
concerns, including suicide prevention and intervention; crisis intervention;
social-emotional prevention programs, including character education and
violence prevention; mental health; protective factors for at-risk students;
and career awareness, exploration, and planning.
(7) "School psychologist" means a school psychologist holding a
master's degree and a professional special services license in Colorado
PERSON WITH A TEMPORARY EDUCATOR ELIGIBILITY AUTHORIZATION ISSUED
PURSUANT TO SECTION
22-60.5-111 (5) WHO IS WORKING TO ATTAIN A
SPECIAL SERVICES PROVIDER LICENSE AS A SCHOOL PSYCHOLOGIST
, OR A
LICENSE ISSUED PURSUANT TO ARTICLE
60.5 OF THIS TITLE 22 with a school
psychologist endorsement.
PAGE 10-HOUSE BILL 22-1390 (8) "School social worker" means a social worker holding a master's
degree and a professional special services license in Colorado PERSON WITH
A TEMPORARY EDUCATOR ELIGIBILITY AUTHORIZATION ISSUED PURSUANT TO
SECTION
22-60.5-111 (5) WHO IS WORKING TO ATTAIN A SPECIAL SERVICES
PROVIDER LICENSE AS A SCHOOL SOCIAL WORKER
, OR A LICENSE ISSUED
PURSUANT TO ARTICLE
60.5 OF THIS TITLE 22 with an endorsement in school
social work, including but not limited to the completion of course work in
the areas of school and special education law, including content covering
functional behavior assessment and the development of behavior
intervention plans.
SECTION 16. In Colorado Revised Statutes, 22-102-104, amend
(1) and (2)(a) as follows:
22-102-104. K-5 social and emotional health pilot program -
creation - selection of pilot schools - rules. (1) There is created the K-5
social and emotional health pilot program in the department to determine
the impact of dedicated school mental health professionals in kindergarten
through fifth grade in elementary schools that have high-poverty, high-need
students. The pilot program is implemented within the selected pilot schools
and administered by the department as a pilot program for three consecutive
FOUR school years, unless extended by the general assembly. Subject to
available appropriations or gifts, grants, or donations for the three-year
FOUR-YEAR term of the pilot program, pursuant to section 22-102-106, the
department shall employ or contract with a pilot program coordinator and
contract for preliminary and final program evaluations of the pilot program.
The department
STATE BOARD OF EDUCATION shall promulgate any rules
necessary for the administration of the pilot program.
(2) (a) Subject to available appropriations or gifts, grants, or
donations for the three-year FOUR-YEAR term of the pilot program, no later
than January 15 immediately preceding the first implementation year, the
department shall select up to ten pilot schools to participate in the pilot
program. If available appropriations and gifts, grants, or donations are
insufficient to fully fund the pilot program, the department may select fewer
than ten pilot schools to participate in the pilot program. The department
shall select pilot schools that exhibit the characteristics set forth in
subsection (2)(b) of this section and that are appropriate test schools to
evaluate the impact and effectiveness of the pilot program. The pilot
schools must demonstrate a willingness to participate in the pilot program
PAGE 11-HOUSE BILL 22-1390 and to collect the data and information necessary for the evaluation of the
pilot program.
SECTION 17. In Colorado Revised Statutes, 22-102-105, amend
(4)(a) as follows:
22-102-105. Implementation of pilot program. (4) (a) In
implementing the pilot program, the school mental health professionals
shall work as a team, with each professional providing services to students
and offering training and resources to school faculty and administrators that
WHO are authorized under the school mental health professional's special
services AUTHORIZATION OR THE PROFESSIONAL 'S license and endorsement.
SECTION 18. In Colorado Revised Statutes, 22-102-106, amend
(2)(a) as follows:
22-102-106. Pilot program coordinator - evaluation of pilot
program - student impacts and outcomes. (2) (a) The department shall
select a professional program evaluator to complete a preliminary
evaluation of the pilot program on or before September 1 of the second full
school year of implementation of the pilot program and a final evaluation
of the pilot program to be completed on or before September 1 immediately
following the conclusion of the final school year of the pilot program.
Subject to available appropriations or gifts, grants, or donations for the
three-year
FOUR-YEAR term of the pilot program, the department shall
contract with the evaluator in the school year prior to the implementation
of the pilot program in the pilot schools to create a process for the collection
and transmission of data and information to the evaluator to ensure that the
evaluator has the data and information necessary to complete the
preliminary and final reports concerning the impact and outcomes of the
pilot program. The pilot program evaluator, in conjunction with the
department, shall select a group of control schools that have school
characteristics and student demographics similar to those of the pilot
schools to serve as a control group for purposes of evaluating the impacts
and outcomes of the pilot program on participating students and pilot
schools. Data collected for pilot schools and control group schools must
include data from school climate and healthy schools surveys for any grade
in which such surveys have been created.
SECTION 19. In Colorado Revised Statutes, 24-90-120, amend
PAGE 12-HOUSE BILL 22-1390 (4)(a) and (6)(c) as follows:
24-90-120. Colorado imagination library program - creation -
request for proposal - state librarian duties - report - legislative
declaration - definitions. (4) (a) The contractor, in operating the program
pursuant to subsection (2) of this section, shall pay to the national nonprofit
foundation fifty percent of
the statewide cost to provide free books to
eligible children enrolled in the program, as determined by the national
nonprofit foundation. The general assembly shall annually appropriate
money from the general fund to the department of education for the state
librarian to distribute to the contractor for the state's
FIFTY PERCENT share
of the cost to provide the books.
(6) (c) Twenty percent of money appropriated for the 2021-22 state
fiscal year, and ten percent of money appropriated for the 2022-23 fiscal
year and each fiscal year thereafter, may be used for the contractor
operating the program for duties set forth in subsections (2)(a) to (2)(f) of
this section.
SECTION 20. In Colorado Revised Statutes, amend 22-35-108 as
follows:
22-35-108. Accelerating students through concurrent enrollment
program - objectives - non-tuition expenses - rules. (1) (a) There is
hereby
established the accelerating students through concurrent enrollment
program, Beginning in the 2010-11 school year, the department shall
administer the ASCENT program pursuant to the provisions of this section
and guidelines established by the board pursuant to subsection (4) of this
section. WHICH IS AVAILABLE TO ALL QUALIFIED STUDENTS WHO ARE
DESIGNATED BY THEIR ENROLLING LOCAL EDUCATION PROVIDERS PURSUANT
TO SUBSECTION
(2)(a) OF THIS SECTION. The objectives of the ASCENT
program are to:
(I) Increase the percentage of students who participate in
postsecondary education, especially among low-income and traditionally
underserved populations;
(II) Decrease the number of students who do not complete high
school;
PAGE 13-HOUSE BILL 22-1390 (III) Decrease the amount of time that is required for a student to
complete a postsecondary degree or certificate;
(IV) Reduce state expenditures for public education; and
(V) Increase the number of educational pathways available to
students.
(b) Notwithstanding any other
provision of this article ARTICLE 35
TO THE CONTRARY, a qualified student who is designated by the department
A LOCAL EDUCATION PROVIDER to be an ASCENT program participant
pursuant to subsection (2) of this section may concurrently enroll in
postsecondary courses, including academic courses and career and technical
education courses, in the year directly following the year in which he or she
THE QUALIFIED STUDENT was enrolled in the twelfth grade of a THE local
education provider.
(2) (a) Subject to available appropriations, the department may
designate as an ASCENT program participant any qualified student who A
LOCAL EDUCATION PROVIDER MAY DESIGNATE A QUALIFIED STUDENT AS AN
ASCENT PROGRAM PARTICIPANT IF THE QUALIFIED STUDENT :
(I) Has completed or is on schedule to complete at least twelve NINE
credit hours of postsecondary course work prior to the completion of his or
her THE QUALIFIED STUDENT'S twelfth-grade year;
(II) Is not in need of a developmental education course;
(III) Has been selected for participation in the ASCENT program by
his or her high school principal or equivalent school administrator;
(IV) (III) Has been accepted into a postsecondary degree program
at an institution of higher education;
AND
(V) Has satisfied any other selection criteria established byguidelines established by the board pursuant to subsection (4) of this
section; and
(VI) (IV) Has not been designated AS an ASCENT program
participant in any A prior year.
PAGE 14-HOUSE BILL 22-1390 (b) Repealed.
(c) (I) Repealed.
(II) (b) EACH LOCAL EDUCATION PROVIDER THAT DESIGNATES
QUALIFIED STUDENTS TO PARTICIPATE IN THE
ASCENT PROGRAM SHALL, AS
PROVIDED BY STATE BOARD RULE
, REPORT TO THE DEPARTMENT THE
ESTIMATED NUMBER OF
ASCENT PROGRAM PARTICIPANTS THAT THE LOCAL
EDUCATION PROVIDER WILL ENROLL FOR THE FOLLOWING SCHOOL YEAR
. The
department, as part of its annual budget request to the general assembly,
shall report the
ESTIMATED total number of potential
ASCENT program
participants for the following school year.
(III) Repealed.
(IV) The department shall not designate a greater number of
ASCENT program participants for a school year than the number of
participants that the general assembly approves for funding in the annual
general appropriation act for the applicable budget year.
(3) (a) The local education provider of a qualified student who is
designated by the department as an ASCENT program participant may
include the student A LOCAL EDUCATION PROVIDER MAY INCLUDE EACH
QUALIFIED STUDENT WHOM THE LOCAL EDUCATION PROVIDER DESIGNATES
TO PARTICIPATE IN THE
ASCENT PROGRAM PURSUANT TO THIS SECTION in
the district's funded pupil count, or, in the case of a
QUALIFIED student
enrolled in an institute charter school, in the
FUNDED PUPIL COUNT OF THE
school's accounting district, as provided in section 22-54-103 (7).
(b) A local education provider that receives extended high school
funding, as described in section 22-54-104 (4.7), in a budget year for
ASCENT program participants may expend the funding on behalf of
ASCENT program participants who enroll in an institution of higher
education during that budget year and on behalf of ASCENT program
participants who, by May 1 of that budget year, are admitted to an
institution of higher education to participate in the ASCENT program
during the next budget year.
(c) The local education provider shall certify to the department by
May 10 of each year the list of ASCENT program participants who are
PAGE 15-HOUSE BILL 22-1390 admitted to an institution of higher education to participate in the ASCENT
program during the next budget year. At the end of the budget year in which
the local education provider receives the extended high school funding for
ASCENT program participants, the local education provider shall remit to
the department any remaining amount of the funding that the local
education provider is not using for an ASCENT program participant who
is included on the certified list.
(4) The board shall establish guidelines AS NECESSARY for the
administration of the ASCENT program. including but not limited to
selection criteria that the department may use pursuant to subparagraph (V)
of paragraph (a) of subsection (2) of this section to designate qualified
students as ASCENT program participants.
(5) For the purposes of part 5 of article 11 of this title 22 concerning
school accountability reports, the department shall include ASCENT
program participants in the reporting requirements, regardless of whether
an ASCENT program participant has completed his or her
THE
PARTICIPANT
'S graduation requirements.
(6) (a) Repealed.
(b) (6) For purposes of applying the provisions of article 11 of this
title 22 concerning school accountability and reporting graduation rates, a
qualified student who is an ASCENT program participant shall
MUST be
counted in the enrolling school district's or institute charter school's
graduation rate in the school year in which the student completes the school
district's or institute charter school's minimum high school graduation
requirements. The state board of education
shall promulgate rules for
schools and school districts to follow in satisfying state and federal
reporting requirements concerning the enrollment status of ASCENT
program participants. To the extent practicable, the rules must ensure that
schools and school districts are not adversely affected in calculating and
reporting the completion of high school graduation requirements by
qualified students who have been designated by the department
LOCAL
EDUCATION PROVIDERS
as ASCENT program participants. The rules must
include, at a minimum, reporting requirements relating to:
(I)
(a) The provisions of article 7 of this title 22 concerning
educational accountability; and
PAGE 16-HOUSE BILL 22-1390 (II) (b) The provisions of article 11 of this title 22 concerning
educational accreditation.
SECTION 21. In Colorado Revised Statutes, 22-35-105, repeal (4)
as follows:
22-35-105. Financial provisions - payment of tuition.
(4) (a) Before paying the tuition for a course in which a qualified student
concurrently enrolls, the local education provider in which the qualified
student is enrolled shall require the qualified student and his or her parent
or legal guardian to sign a document requiring repayment of the amount of
tuition paid by the local education provider for the course on the qualified
student's behalf if the qualified student does not complete the course for any
reason without the consent of the principal of the student's high school.
(b) If a qualified student concurrently enrolled in a course for whom
a local education provider pays tuition does not complete the course for any
reason without the consent of the principal of the high school in which the
qualified student is enrolled, the qualified student or the qualified student's
parent or legal guardian shall reimburse the local education provider, as
provided in the document signed pursuant to paragraph (a) of this
subsection (4), for the amount of tuition paid by the local education
provider for the course.
(c) A local education provider may adopt a policy that requires a
qualified student and his or her parent or legal guardian to sign a document
prior to the student's concurrent enrollment in a course, which document
commits the student or his or her parent or legal guardian to reimburse the
local education provider for the tuition paid by the local education provider
for the course in the event that the student receives a failing grade in the
course.
SECTION 22. In Colorado Revised Statutes, 22-35-103, amend
(6)(a) as follows:
22-35-103. Definitions. As used in this article 35, unless the context
otherwise requires:
(6) (a) "Concurrent enrollment" means the simultaneous enrollment
of a qualified student in a local education provider and in one or more
PAGE 17-HOUSE BILL 22-1390 postsecondary courses, including academic or career and technical
education courses, which may include course work related to apprenticeship
programs or internship programs, at an institution of higher education
pursuant to the provisions of this article 35, at no tuition cost to the
qualified student or the qualified student's parent or legal guardian. except
as provided in section 22-35-105 (4)(c). As provided in section 22-35-104
(5) and (6)(b)(II), upon successfully completing a concurrent enrollment
postsecondary course, the qualified student must receive credit that applies
to completion of high school graduation requirements and postsecondary
credit that applies toward completion of developmental education courses,
applies toward earning a certificate or degree awarded through an approved
postsecondary career and technical education program, is approved by the
department of higher education for transfer from a two-year institution to
a four-year institution in satisfaction of prerequisite courses for a specific
major, is approved for statewide transfer pursuant to section 23-1-125, or
is part of a statewide degree transfer agreement pursuant to section
23-1-108 (7)(a).
SECTION 23. In Colorado Revised Statutes, 22-35-107, amend (6)
introductory portion, (6)(c), and (6)(d) as follows:
22-35-107. Concurrent enrollment advisory board - created -
membership - duties - reports - repeal. (6) The board shall have
HAS the
following duties:
(c) Making recommendations as necessary to the general assembly,
the state board, and the commission concerning the improvement or
updating of state policies relating to concurrent enrollment programs,
including but not limited to recommendations of policies that will allow
every local education provider in the state to have adequate resources to
enter into at least one cooperative agreement; and recommendations of a
funding allocation model, to be approved by the state board on or before
July 1, 2013, in the event that the number of qualified students identified by
local education providers exceeds available appropriations pursuant to
section 22-35-108 (2);
(d) On or before December 1, 2010 DECEMBER 1, 2022, considering
and making recommendations to the state board and the education
committees of the house of representatives and senate, or any successor
committees, regarding the feasibility of a waiver process whereby a
LOCAL
PAGE 18-HOUSE BILL 22-1390 EDUCATION PROVIDER, ON BEHALF OF A qualified student, could apply to the
department for a waiver of certain provisions of section 22-35-108, which
waiver would allow the
LOCAL EDUCATION PROVIDER TO DESIGNATE THE
student to be designated by the department as an ASCENT program
participant in the second year following the year in which he or she THE
QUALIFIED STUDENT
was enrolled in the twelfth grade of a
THE local
education provider so long as he or she THE QUALIFYING STUDENT:
(I) Was so designated in the year directly following the year in
which he or she THE QUALIFIED STUDENT was enrolled in the twelfth grade
of a THE local education provider;
(II) Requires fifteen or fewer credit hours of postsecondary course
work to achieve a postsecondary credential; and
(III) Is eligible for free or reduced-cost REDUCED-PRICE lunch
pursuant to the federal "Richard B. Russell National School Lunch Act", 42
U.S.C. sec. 1751 et seq.;
SECTION 24. In Colorado Revised Statutes, 22-35-112, amend (2)
introductory portion and (2)(g) as follows:
22-35-112. Reports. (2) On or before February 1, 2011, and on or
before February 1 each year thereafter through 2016, and on or before April
1, 2017, and on or before April 1 each year thereafter, ON OR BEFORE APRIL
1, 2022, AND ON OR BEFORE MAY 1 EACH YEAR THEREAFTER, the department
and the department of higher education shall collaborate to prepare and
submit to the education committees of the senate and house of
representatives, or any successor committees, a report concerning the
concurrent enrollment of qualified students in postsecondary courses,
including academic courses and career and technical education courses, and
courses related to apprenticeship programs and internship programs. The
report must include, but need not be limited to:
(g) F
OR THE PREVIOUS SCHOOL YEAR, the total number of qualified
students designated by the department as ASCENT or TREP program
participants in the previous school year THAT LOCAL EDUCATION PROVIDERS
DESIGNATED AS
ASCENT PROGRAM PARTICIPANTS AND THE TOTAL NUMBER
OF QUALIFIED STUDENTS THE DEPARTMENT DESI GNATED AS PARTICIPANTS
IN THE TEACHER RECRUITMENT EDUCATION AND PREPARATION PROGRAM
;
PAGE 19-HOUSE BILL 22-1390 SECTION 25. In Colorado Revised Statutes, 22-35-113, amend
(1)(f) as follows:
22-35-113. Concurrent enrollment - website. (1) By July 1, 2020,
the department of education and the department of higher education, with
advice from the state board, shall make available to the public a concurrent
enrollment website to provide information to students, parents, and legal
guardians concerning concurrent enrollment options and requirements. The
departments must ensure that the website is clear, easy to navigate, and
generally user-friendly. In addition, the website must at a minimum:
(f) Provide information concerning the payment of the costs of
concurrent enrollment, including tuition, which is not chargeable to the
student or the student's parent or legal guardian, except as provided in
section 22-35-105 (4)(c), fees and books, which may be chargeable to the
student or the student's parent or legal guardian, and transportation;
SECTION 26. In Colorado Revised Statutes, 22-54-112, amend
(2)(c) as follows:
22-54-112. Reports to the state board. (2) (c) On or before
November 10 of each year, the secretary of the state charter school institute
board shall certify to the state board the pupil enrollment, and
the online
pupil enrollment,
AND THE EXTENDED HIGH SCHOOL PUPIL ENROLLMENT of
each institute charter school taken in the preceding October.
SECTION 27. In Colorado Revised Statutes, 22-54-114, amend
(4)(a) as follows:
22-54-114. State public school fund. (4) (a) For the 1997-98 fiscal
year and fiscal years thereafter, the net amount recovered by the department
of education during the applicable fiscal year, pursuant to school district
and institute charter school audits, as overpayments made to school districts
and institute charter schools and any amount remitted by a school district or
institute charter school pursuant to section 22-35-108 (3)(c), that would
otherwise be transmitted to the state treasurer for deposit in the general fund
shall instead be transmitted to the state treasurer for deposit in the state
public school fund. The amount shall be available for appropriation to the
department of education in subsequent fiscal years.
PAGE 20-HOUSE BILL 22-1390 SECTION 28. In Colorado Revised Statutes, 23-18-202, amend
(5)(c)(III) as follows:
23-18-202. College opportunity fund - appropriations - payment
of stipends - reimbursement - report. (5) (c) (III) For an eligible
undergraduate student who has completed one or more college courses
while enrolled in high school pursuant to the "Concurrent Enrollment
Programs Act", article 35 of title 22, or while designated by the department
of education as an ASCENT program participant pursuant to section
22-35-108 or as a TREP program participant pursuant to section
22-35-108.5, or while enrolled in a pathways in technology early college
high school pursuant to article 35.3 of title 22, all college-level credit hours
earned by the student while so enrolled count against the lifetime limitation
described in subsection (5)(c)(I) of this section; except that credit hours
earned from enrollment in a developmental education course, as defined in
section 23-1-113 (11)(b), do not count against the lifetime limitation.
SECTION 29. In Colorado Revised Statutes, 24-75-220, add (8) as
follows:
24-75-220. State education fund - transfers - surplus - legislative
declaration. (8) O
N JULY 1, 2022, THE STATE TREASURER SHALL TRANSFER
THREE HUNDRED MILLION DOLLARS FROM THE GENERAL FUND TO THE STATE
EDUCATION FUND CREATED IN SECTION
17 (4) OF ARTICLE IX OF THE STATE
CONSTITUTION
.
SECTION 30. In Colorado Revised Statutes, 22-7-1006.3, amend
(1)(d) as follows:
22-7-1006.3. State assessments - administration - rules - repeal.
(1) (d) If all or any portion of a state assessment
ADMINISTERED PURSUANT
TO SUBSECTION
(1)(a) OF THIS SECTION requires a student to use a computer
to take the assessment, at the request of a local education provider, the
department of education must administer the portions of the state
assessment that require a computer in a format that a student may complete
using pencil and paper. Each local education provider shall report to the
department the number of students it enrolls who will take the state
assessment in a pencil-and-paper format.
SECTION 31. In Colorado Revised Statutes, 22-7-1013, amend (6)
PAGE 21-HOUSE BILL 22-1390 as follows:
22-7-1013. Local education provider - preschool through
elementary and secondary education standards - adoption - academic
acceleration. (6) Each local education provider shall adopt and implement
a written policy by which the local education provider will decide whether
the students enrolled by the local education provider will use pencil and
paper to complete any portion of a state assessment administered pursuant
to section 22-7-1006.3
SECTION 22-7-1006.3 (1)(a) that the students would
otherwise complete using a computer. The policy must ensure that the local
education provider makes the decision in consultation with parents and, if
the local education provider is a school district or board of cooperative
services, the public schools that the local education provider operates. The
local education provider may decide that the students in one or more of the
public schools, or in one or more of the classrooms of the public schools,
operated by the local education provider will use pencil and paper to
complete the computerized portions of a state assessment. Each year before
the start of fall semester classes, the local education provider shall distribute
copies of the policy to the parents of students enrolled in the local education
provider and post a copy of the policy on the local education provider's
website.
SECTION 32. Appropriation. For the 2022-23 state fiscal year,
$100,000 is appropriated to the department of education. This appropriation
is from the general fund. The department may use this appropriation for
contracting with an external evaluator to perform the evaluation of local
accountability systems required pursuant to section 22-11-705 (5), C.R.S.
SECTION 33. Appropriation. For the 2022-23 state fiscal year,
$184,125,900 is appropriated to the department of education. This
appropriation consists of $2,101,985 from the general fund and
$182,023,915 from the state education fund created in section 17 (4)(a) of
article IX of the state constitution. To implement this act, the department
may use this appropriation for the state share of districts' total program
funding.
SECTION 34. Appropriation. (1) For the 2022-23 state fiscal
year, $1,000,000 is appropriated to the mill levy equalization fund created
in section 22-30.5-513.1 (2)(a), C.R.S. This appropriation is from the
general fund. The department of education is responsible for the accounting
PAGE 22-HOUSE BILL 22-1390 related to this appropriation.
(2) For the 2022-23 state fiscal year, $1,000,000 is appropriated to
the department of education. This appropriation is from reappropriated
funds in the mill levy equalization fund under subsection (1) of this section.
To implement this act, the department may use the appropriation for CSI
mill levy equalization.
SECTION 35. Appropriation to the department of education for
the fiscal year beginning July 1, 2022. Section 2 of HB 22-1329, amend
Part IV (2)(A) Footnote 8, as follows:
Section 2. Appropriation.
8 Department of Education, Assistance to Public Schools,
Public School Finance, State Share of Districts' Total
Program Funding -- Pursuant to Section 22-35-108 (2)(a) and
22-35-108.5 (2)(b)(II), C.R.S., the purpose of this footnote is to specify what portion of this appropriation is intended to be available for the Accelerating Students Through Concurrent
Enrollment (ASCENT) Program and the Teacher Recruitment
Education and Preparation (TREP) Program for FY 2022-23.
It is the General Assembly's intent that the Department of
Education be authorized to utilize up to $4,249,000 of this
appropriation to fund qualified students designated as
ASCENT Program participants and $1,699,600 $1,737,200
of this appropriation to fund qualified students designated as
TREP Program participants. This amount is calculated based
on an estimated 500 FTE participants and
200 FTE TREP
Program participants funded at a rate of $8,498 $8,686 per
FTE pursuant to Section 22-54-104 (4.7), C.R.S.
SECTION 36. Appropriation. (1) For the 2022-23 state fiscal
year, $196,086 is appropriated to the department of education. This
appropriation is from the general fund. To implement this act, the
department may use this appropriation as follows:
(a) $127,973 for the dyslexia markers pilot program;
(b) $43,113 for college and career readiness, which amount is based
on an assumption that the department will require an additional 0.5 FTE;
PAGE 23-HOUSE BILL 22-1390 and
(c) $25,000 for information technology services.
SECTION 37. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 24-HOUSE BILL 22-1390